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Parshansha Kumud (28) CAT 3rd Written

The principles of natural justice refer to basic rules of fairness that should govern administrative decision making. There are typically considered to be two main components - nemo iudex in causa sua, meaning no person can be a judge in their own case, and audi alteram partem, meaning one must hear the other side. The document then discusses these components in more detail, providing examples from case law. It notes there are four main principles - bias, notice, hearing, and reasoned decisions. Post-decisional hearings are also discussed as a concept that has widened the scope of natural justice. The objective of natural justice is to balance individual rights with broader public interests.

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81 views5 pages

Parshansha Kumud (28) CAT 3rd Written

The principles of natural justice refer to basic rules of fairness that should govern administrative decision making. There are typically considered to be two main components - nemo iudex in causa sua, meaning no person can be a judge in their own case, and audi alteram partem, meaning one must hear the other side. The document then discusses these components in more detail, providing examples from case law. It notes there are four main principles - bias, notice, hearing, and reasoned decisions. Post-decisional hearings are also discussed as a concept that has widened the scope of natural justice. The objective of natural justice is to balance individual rights with broader public interests.

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prashansha kumud
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Q. What do you understand by Principle of Natural Justice?

With the help of


decided cases describe the various components of Principle of Natural Justice.
Introduction

Natural justice is an important concept of administrative law. It is an expression of


English common law which involves a procedural requirement of fairness. The
fundamental rule of procedure for administrative action are neither fixed nor
prescribed in any code. According to D. Smith the term natural justice expresses
the close relationship between the common law and moral principles. It is not
possible to define precisely and scientifically the expression natural justice but
some jurist has described the principles in different ways. In other word of
Magarey J. Natural justice is a justice that simple and elementary some called it as
an unwritten law (jus non scriptum) on the Law of reason. It is also called
substantial justice and fundamental justice. In other words natural justice signifies
basic principles of justice which are made available to everyone litigant during
trial. It is the branch of public law and control and all actions of public authorities
by applying rules relating to reasonableness and good faith and justice equity and
good conscience. The underlying object of rule of natural justice is to ensure only
fundamental liberties and rights of the subject. In the present world the importance
of principles of natural justice has been gaining its strength and it is now the
essence of any judicial system.

Components of Natural justice

The components of principles of natural justice are those rules which have been
laid down by the court as being minimum protection of rights of individual against
the arbitrary procedure that may be adopted by administrative authorities the
traditional English law recognizes two main components are following :-

1. Nemo debt esse judex in propria causa:-


the first principle of natural justice is the rule against bias and it is based on Nemo

judex in causa sua .the literal meaning of this maxim is no man shall be judge in
his

own case . the first principle of natural justice laid down that the deciding
authority/judge must be impartial and neutral and free from biasness . the word
free from biasness means there should be absence of conscious or unconscious
prejudice

to either of parties . it implies that no man can act as judge for a cause in which he
has some interest may be pecuniary or other wise . he supposed to be indifferent to
the parties to the controversy.

2. Audi alteram partem

The second principle of natural justice is no man should be condemned unhear an


it is based on a Latin maxim Audi alteram partem. The literal meaning of this
maxim is hear the other side or both the side must be heard before passing any
order . It has been describing as foundational and fundamental concept. According
to this doctrine a party is not to suffer in person or in purse without an opportunity
of being heard . in short , before an order is passed against any person reasonable
opportunity of being heard must be given to him. Generally this maxim includes
two elements

 Notice – before any action is taken , the affected party must be given a
notice
to show cause against the proposed action and seek his explanation. It is sine
qua non of the right of fair hearing . any order passed without giving notice
is against the principle of natural justice and is void ab initio.
Case law
In the bagg case , James bagg a chief burgess of Plymouth had been
disfranchised for unbecoming conduct in as much as it was alleged that he
had told the mayor you are a cozening knave. I will make the neck crack and
by turning the hinder part of his body in an inhuman and uncivil manner
towards the mayor. He had said come and kiss. He was reinstated by
mandamus as no notice or hearing was given to him before passing the
impugned order,
 Hearing – the second requirement of Audi alteram partem , is that, the
person concerned must be given an opportunity of being heard before any
adverse action is taken against him.
Case law: Cooper vs Wandsworth board of works
In this case , the defended board had power to demolish any building
without giving an opportunity of hearing if it was erected without prior
permission. The board demolish the house of the plaintiff under this
provision. The action of the board was not in violation of the statutory
provision . the court held that the board’s power was subject to the
qualification that no man can be deprived of his property without having an
opportunity of being heard.
3. Reasoned decision:

Reason is an essential requirement of the rule of law. It provides a link between


fact and decision, guard against non-application of mind, arbitrariness, and
maintains public confidence in judicial and administrative authorities. Reasons also
serve a wider principle that justice must not only be done; it must also appear to be
done.

4. Post decisional hearing :


Post decisional hearing is a hearing which takes after a provisional decision is
reached. Post decisional hearing takes place where it may not be feasible to hold
pre decisional hearing. In Post Decisional Hearing, an individual is given an
opportunity to be heard after a tentative decision has been taken by the authorities.
The fundamental objective is that when a final decision is taken than it becomes
difficult for the authorities to reverse it and the purpose of providing a fair hearing
gets defeated, therefore, for an accused it turns out to be a less effective than pre
decision hearing. With the introduction of this concept, the prospect of Principle of
Natural Justice has widened. The Supreme Court has been emphatic and prefers for
Pre- Decision Hearing rather Post Decision Hearing which must be done only in
extreme and unavoidable cases. It strengthens the concept of Audi Alteram Partem
by providing Right to Heard at a later stage.

Case law Swadeshi cotton mills v. U.O.I

In this case court held that there has been non compliance with such implied
requirement of the Audi alteram partem rule of natural justice at the post
decisional hearing stays, the impugned order there fore could be struck down on
that score alone.

Conclusion

The main objective behind the reconciliation between the inclusion and
exclusion of protection of Principles of Natural Justice is to harmoniously
construe individual’s natural rights of being heard and fair procedure as well as
the public interest. Larger public interest is to be allowed to override the
individual’s interest where the justice demands. Principles of Natural Justice
is to harmoniously construe individual’s natural rights of being heard and
fair procedure as well as the public interest. Larger public interest is to
be allowed to override the individual’s interest where the justice demands.
Thus, exclusion of natural justice should not be readily made unless it is
irresistible, since the Courts act on the presumption that the legislature
intends to observe the principles of natural justice and those Principles do
not supplant but supplement the law of the land. Therefore, all statutory
provisions must be read, interpreted and applied so as to be consistent
with the principles of Natural justice.

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